Orlando Car Accident Injury Attorney Eric J Dirga PA

Auto Accident Questions and Answers

We represent people involved in serious auto accidents. This page is meant to answer your questions that you may have regarding an accident.  If you have further questions please call (407) 841-5555.

Common Questions

1. Aren't personal injury attorneys that go after auto accident claims really just a rip off because they will take some of what the injured person would have gotten anyway?

ANSWER: We are also called ambulance chasers - but the reality is this: Without auto accident attorneys the insurance company, the company that people pay premiums to for years, will try to get you to settle your accident claim quickly for a minimum amount of money. 

Don't believe that?  Then why does a customer of the insurance company have to sign a paper waiving any additional obligation by the insurance company to get the quick settlement?

The reason is that the insurance company knows it can get over on unrepresented people.  They can collect years worth of premiums and then pay off people to have their contractual obligations to their client waived and thus remove their responsibility (and save them money).  The worst part is that clients premiums will go up regardless of the payout.

2. Why wouldn't I just want to take the quick settlement from my insurance company.  At least I get to keep all of it without having an attorney take a portion of it.

You're correct that taking a quick settlement will eliminate having an attorney take a fee.  But think about this.  Even minor fender-benders can cause spinal cord injuries to the neck and back.  Also understand that most neck and back injuries lay dormant for months or years.  What the insurance company is trying to do is get you to release them from any contractual responsibility for those latent injuries sustained during an accident, and for which they have contracted with you to insure you against. 

Taking a quick settlement will (1) not cover the future medical costs of latent injuries that arise later, and (2) release your insurer from any responsibility for those injuries as they arise.

Also consider that under Florida law you must have personal injury protection [PIP] of $10,000.  This is money that can only go to medical treatment or lost wages.  It cannot compensate an attorney or be given to you as part of a settlement.  If the law requires this and it is for medical costs due to a car accident, shouldn't you at least take the time to make sure no injury has occurred to your neck or back?

3. Can an attorney really get me a bigger settlement?

There is no way to tell that without being treated by a medical professional that can determine if you have a latent injury.  If it is determined that you do have a latent neck or back injury, in addition to any obvious injuries, then an attorney can usually obtain a greater settlement for you even after the attorney has been compensated.

We make sure you treat with a doctor.  We want to make sure that you are checked for any possible injury that may have been caused by the accident.  The reason for this is so that your insurance company and/or the at-fault driver's insurance company fulfill their contractual obligations for you against any injury you sustain due to an auto accident.  It is the only fair thing to do.

4. But I feel fine.  Why should I go to a doctor before settling?

Most people with soft-tissue injuries due to a car accident don't initially feel any pain.  This is because the body reacts to such trauma by masking the pain.  Initially that is.  After time has passed and the brain considers you safe it will then go into "repair mode."  This is when the pain becomes evident.  Insurance companies hope to settle all accident claims before the "repair mode" begins so that you think that nothing more is wrong.

It cannot be stressed enough - if you have auto insurance in Florida, you have PIP of at least $10,000.  Go to a doctor.  Get checked out before settling your accident claim.

55. Okay, I went to my doctor and he said I was fine.  Can I settle now?

Did you ask him to check for latent injuries?  Did your doctor fully check you for injuries to your back and neck?  We always try to have our clients treat with their own doctors if they have one.  We also make sure that our clients see specialists if necessary.  You cannot have a family practice doctor be solely responsible for something a doctor that specializes in neck and back injuries is better prepared to treat.  Bottom line, always get a second opinion with a doctor that knows what to look for.

6. I was a passenger in a car that was involved in a car accident.  Do I have an accident claim?

As a passenger, you are in a better position to seek an accident claim from all drivers that were insured and involved in the accident.  A passenger is without fault.  Injuries to passengers of automobiles are almost always due to another's negligence.  Moreover, insurance companies often ignore passengers and unfortunately passengers often times don't realize that they are always covered.

Call us, we will get you answers

You can call us at (407) 841-5555 or email us at href="mailto:ejdirgapa@gmail.com">ejdirgapa@gmail.com with any questions regarding your car accident claim.

Things to be thinking about...

Where did the accident occur?  Where the police called?  Was  report filed?

Those are some initial questions we will need to know.  In addition, we will need to see the following if you have them - if not, we can still help.

  • Name of insurance carrier and policy number.
  • Name of family doctor if you have one.
  • Name and policy number of health insurance.
  • List of all injuries sustained in crash.
  • Accident report.
  • All traffic tickets given to you.

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Additional INFO

Click below for information regarding:

AT-FAULT DRIVER INJURIES

CAR ACCIDENT HELP

WHY ALL CAR ACCIDENTS ARE SERIOUS

INVOLVED IN A CAR ACCIDENT?

THE AUTO INSURANCE INDUSTRY

CAR ACCIDENT PASSENGERS

MINIMUM AUTO INSURANCE COVERAGE

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DID YOU KNOW

  • Your personal injury protection (PIP) coverage will pay for 80% of the first $10,000 in medical expenses.  If you are not at fault this may be more.
  • Treatments not covered by PIP or your health insurance may still be available.
  • Uninsured Motorist Coverage you may have in your insurance policy covers the additional costs of damages caused in car accidents by drivers with no or little insurance.
  • Even if you are cited as "at fault" you may still be able to recover.

Make sure you are adequately covered by your insurance.  If you do not have uninsured motorist coverage - get some.  At least $100,000 per person per accident.  If you insure more than one car get the policy to "stack."